Supreme Court dismisses claim that overtime pay is denied to managers due to organizational duties.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the cassation appeal filed by a manager against a lower court's dismissal of his overtime pay claim. The court found that the appellate court incorrectly shifted the burden of proving overtime work onto the employee rather than the employer. Consequently, the Supreme Court ruled that the employer, not the manager, bears the primary obligation to organize working hours and maintain accurate records.
Legislator headnote
AI generatedArt. 94 pkt 2 k.p.; Art. 100 k.p.; Art. 12911 k.p.; Art. 6 k.c.; Art. 300 k.p.; Art. 231 k.p.c.; Art. 233 k.p.c.; Art. 39313 § 1 k.p.c.: The employer bears the primary obligation to organize working time and maintain records of overtime; an employee's managerial role does not absolve the employer of this duty, and the burden of proof regarding overtime work rests with the employer.